Mumbai, Observing that the Maharashtra FDA is using a sword to kill a mosquito and shoots first before asking questions, the Bombay High Court on Tuesday asked the regulator to use its power judiciously, warning of imposing heavy costs as cases of its drastic actions have come to its notice.Hearing a petition filed by Cadila Pharmaceuticals challenging the FDA's action on select drugs, the high court directed the agency to grant the company a hearing before taking any drastic action.Also Read: Maharashtra FDA bars sale of two Cadila drugs over branding concernsFollowing the remarks made by a bench comprising Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad, the FDA submitted that the regulator will revoke its orders against the petitioner, issue show-cause notices, and grant it a hearing before passing a reasoned order.Cadila Pharmaceuticals Ltd has challenged the FDA's decision to bar the sale and distribution of some of its medicines and seizure of stock worth Rs 2.45 crore across the state over branding similarities.Government pleader Neha Bhide told the court that there was confusion between the said medicines and hence the decision was taken.
It was a preventive measure and not high-handed action, she said.Referring to the FDA's order on Aciloc 150, Aciloc 150 Plus, Aciloc 300 and Aciloc 300 Plus, the company claimed it was not granted a hearing before the injunction orders were passed.The bench noted that the department ought to have granted the company an opportunity to present its case before taking any drastic action.
